Gresham Oregon Defendant's Rule 21 Motion

• Category: Oregon Court Samples - Interference with Easements - Sample Case 1
• State: Oregon
• City: Gresham
• Control #: OR-HJ-437-02
• Format: PDF

Description

A02 Defendant's Rule 21 Motion Gresham Oregon Defendant's Rule 21 Motion is a legal term that refers to a specific type of motion filed by a defendant in a criminal case. It is a request made to the court to dismiss the charges against the defendant based on the grounds that there is insufficient evidence to proceed with the case or that the prosecution has failed to present evidence necessary to prove the defendant's guilt beyond a reasonable doubt. The Defendant's Rule 21 Motion in Gresham Oregon allows defendants to challenge the validity of the charges against them, aiming to have the case dismissed before trial. This motion is typically filed after the preliminary hearing or during trial but before the presentation of the defense's evidence. By filing this motion, the defendant seeks to prevent the case from proceeding further on the grounds that the prosecution has not met its burden of proof. There are different types of Gresham Oregon Defendant's Rule 21 Motion: 1. Rule 21(a) Motion: This motion argues that there is insufficient evidence presented by the prosecution to establish a prima facie case or that the evidence is insufficient to support the charges or any element of the offense. 2. Rule 21(b) Motion: This motion contends that the prosecution has failed to present material evidence that is necessary for the jury to determine the defendant's guilt beyond a reasonable doubt. It can be filed if the defense believes that the prosecution's evidence is unreliable, contradicted, or lacks credibility. 3. Rule 21© Motion: This motion is filed when the defendant alleges that there is new evidence that was not available during the preliminary hearing or when the indictment was issued. The motion seeks to introduce the new evidence that may impact the credibility of the prosecution's case. 4. Rule 21(d) Motion: This motion asserts that the defendant's constitutional rights have been violated during the course of the prosecution. It may include violations such as unlawful searches and seizures, coerced confessions, or denial of the defendant's right to counsel. In summary, Gresham Oregon Defendant's Rule 21 Motion is a legal maneuver used by defendants to seek dismissal of criminal charges based on various grounds such as insufficient evidence, lack of material evidence, introduction of new evidence, or constitutional violations. These motions aim to ensure fairness and protect the rights of defendants in the criminal justice system.

Gresham Oregon Defendant's Rule 21 Motion is a legal term that refers to a specific type of motion filed by a defendant in a criminal case. It is a request made to the court to dismiss the charges against the defendant based on the grounds that there is insufficient evidence to proceed with the case or that the prosecution has failed to present evidence necessary to prove the defendant's guilt beyond a reasonable doubt. The Defendant's Rule 21 Motion in Gresham Oregon allows defendants to challenge the validity of the charges against them, aiming to have the case dismissed before trial. This motion is typically filed after the preliminary hearing or during trial but before the presentation of the defense's evidence. By filing this motion, the defendant seeks to prevent the case from proceeding further on the grounds that the prosecution has not met its burden of proof. There are different types of Gresham Oregon Defendant's Rule 21 Motion: 1. Rule 21(a) Motion: This motion argues that there is insufficient evidence presented by the prosecution to establish a prima facie case or that the evidence is insufficient to support the charges or any element of the offense. 2. Rule 21(b) Motion: This motion contends that the prosecution has failed to present material evidence that is necessary for the jury to determine the defendant's guilt beyond a reasonable doubt. It can be filed if the defense believes that the prosecution's evidence is unreliable, contradicted, or lacks credibility. 3. Rule 21© Motion: This motion is filed when the defendant alleges that there is new evidence that was not available during the preliminary hearing or when the indictment was issued. The motion seeks to introduce the new evidence that may impact the credibility of the prosecution's case. 4. Rule 21(d) Motion: This motion asserts that the defendant's constitutional rights have been violated during the course of the prosecution. It may include violations such as unlawful searches and seizures, coerced confessions, or denial of the defendant's right to counsel. In summary, Gresham Oregon Defendant's Rule 21 Motion is a legal maneuver used by defendants to seek dismissal of criminal charges based on various grounds such as insufficient evidence, lack of material evidence, introduction of new evidence, or constitutional violations. These motions aim to ensure fairness and protect the rights of defendants in the criminal justice system.